Legal analysis: the term is 20 years, and the term of utility model patent and design patent is 10 year. Maintaining the effectiveness of the patent right is based on the premise that the patentee pays the annual fee according to the regulations. The patent right shall be terminated in advance under the following circumstances:
(1) The patentee fails to pay the annual fee as required.
(2) The patentee waives his patent right in writing.
Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC) has a term of 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of filing.